About NGT

• It is a statutory body established in 2010 under the National Green Tribunal Act 2010.
• It is a specialized body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues.
• The Tribunal shall not be bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.
• The Tribunal is vested with the powers of a civil court under the Code of Civil Procedure for discharging its functions but it can make its own rules.
• It provides speedy environmental justice and helps reduce the burden of litigation in the higher courts. 
• New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other four places of sitting of the Tribunal.

Tribunal’s composition?

• The Tribunal has a presence in five zones- North, Central, East, South and West. The Principal Bench is situated in the North Zone, headquartered in Delhi.
• The Central zone bench is situated in Bhopal, East zone in Kolkata, South zone in Chennai and West zone in Pune.
• The Tribunal is headed by the Chairperson who sits in the Principal Bench and has at least ten but not more than twenty judicial members and at least ten but not more than twenty expert members.

Tribunal’s Jurisdiction

• The NGT deals with civil cases under the seven laws related to the environment, these include
  • The Water (Prevention and Control of Pollution) Act, 1974
  • The Water (Prevention and Control of Pollution) Cess Act, 1977
  • The Forest (Conservation) Act, 1980
  • The Air (Prevention and Control of Pollution) Act, 1981
  • The Environment (Protection) Act, 1986
  • The Public Liability Insurance Act, 1991 and
  • The Biological Diversity Act, 2002
• Two important acts – Wildlife (Protection) Act, 1972 and Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 have been kept out of NGT’s jurisdiction.
• The Tribunal has jurisdiction over all civil cases involving a substantial question relating to the environment. Additionally, any person aggrieved by an order/direction of any of the Appellate Authorities under the legislations mentioned above can also challenge them before the National Green Tribunal.

Are decisions of the Court binding?

• Yes, decisions of the Tribunal are binding. The Tribunal’s orders are enforceable as the powers vested are the same as in a civil court under the Code of Civil Procedure, 1908.   

Are decisions of the Tribunal final?

• The Tribunal has powers to review its own decisions. If this fails, the decision can be challenged before the Supreme Court within ninety days.

Why in News?

• The Ministry of Environment, Forest and Climate Change told the Supreme Court that the National Green Tribunal (NGT) does not have the power to take cognisance of a matter on its own as it is not there in the statute.
• It also clarified that procedural aspects cannot tie up the powers and jurisdiction of the “peculiar” tribunal which has been constituted to deal with environmental matters.

References:

1. https://www.thehindu.com/sci-tech/energy-and-environment/ngt-doesnt-have-power-to-take-cognisance-of-matter-on-its-own-centre-tells-supreme-court/article36252592.ece
2. https://greentribunal.gov.in/about-us
3. https://greentribunal.gov.in/faqs